RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02511
            INDEX CODE:  107.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO

      MANDATORY CASE COMPLETION DATE: 13 Feb 07

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APPLICANT REQUESTS THAT:

His Meritorious Service Medal (MSM) be  upgraded  to  the  Legion  of  Merit
(LOM).

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APPLICANT CONTENDS THAT:

The Air Force historically awards the LOM to colonels and  above  while  the
MSM is awarded to  lieutenant  colonels  and  below.   He  was  selected  to
colonel  as  a  result  of   a   Special   Selection   Board   (SSB).    His
accomplishments throughout his career were honorable and had a lasting, far-
reaching impact across the Air Force.

In  support  of  his  request,  applicant  provided,   his   MSM   citation,
documentation associated with his SSB consideration,  a  decorations  guide,
an extract from AFI 36-2803, SAF/DPP message 132242Z Jan 05, his  OPRs,  his
biography and a draft LOM.  His complete submission,  with  attachments,  is
at Exhibit A.

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STATEMENT OF FACTS:

Applicant was appointed a second lieutenant, Regular Air  Force  on  16  Jul
72.  He was progressively promoted  to  the  grade  of  lieutenant  colonel,
having assumed that grade effective and with a date of rank  of  1  Jan  89.
He was considered and not selected for promotion to the grade of colonel  by
the CY93A colonel selection board.  He was  retired  from  the  Regular  Air
Force on 1 Jan 00.  He served 27 years, 5 months,  and  15  days  on  active
duty.

On 22 Mar 04, the Board considered and granted the applicant's  request  for
consideration for promotion to the grade of colonel by an SSB.   On  13  Sep
04, the SSB selected the applicant for promotion to  the  grade  of  colonel
effective and with a date of rank of 1 Sep 94.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  DPPPR states the applicant  did  not  provide
an official recommendation from his chain of command requesting  a  one-time
reconsideration of decoration upgrade to the LOM.   AFI  36-2803,  paragraph
2.2.5.  states  "Do  not  base  award  of  a  specific  decoration  upon  an
individual's grade, but  on  the  level  of  responsibility  and  manner  of
performance."  "No individual is automatically entitled  to  an  award  upon
completion of an operational TDY or departure from an  assignment.   Do  not
establish preconditions for an award."  DPPPR states he should  not  believe
his new rank should entitle him to award of the LOM.

The DPPPR evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant provided a memorandum  from  his  former  commander  (recommending
official) supporting upgrade to the LOM and states that DPPPR  neglected  to
include significant  references  of  the  AFI  pertaining  to  his  request.
Applicant notes that in accordance with the AFI the  Secretary  of  the  Air
Force Personnel Council is the approval  authority,  the  entire  career  is
reviewed to determine  the  appropriate  level  for  a  decoration,  liberal
interpretation of award criteria is appropriate for officers serving in  the
grade of colonel and  above,  and  considerations  for  the  LOM  should  be
considered on its own merit.

His complete response, with attachments, is at Exhibit E.

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error  or  injustice.   In  this  respect,  we  note  that  the
applicant was awarded the Meritorious Service Medal  (MSM)  upon  retirement
in January 2000, while serving in the grade of  lieutenant  colonel.   Based
on corrections to his records by this  Board,  applicant  was  selected  for
promotion to colonel by a  Special  Selection  Board  effective  1 September
1994.  He now requests his MSM be upgraded to an LOM.   In  support  of  his
request, applicant provided a  recommendation  from  his  former  commander.
Notwithstanding his commander's comments, we are not  persuaded  upgrade  of
his MSM is warranted.  The fact that an individual serves  in  a  particular
grade, by itself, is not sufficient justification to warrant  award  of  the
LOM.  Strict criteria has been  established  which  must  be  satisfied  for
approval.  We recognize that the applicant did not have  an  opportunity  to
serve on active duty in the grade  of  colonel;  however,  we  also  realize
that, in cases such as the applicant's, the correction process can  only  go
so far and the process must eventually end.  Therefore, in  the  absence  of
persuasive evidence  to  the  contrary,  we  find  no  compelling  basis  to
recommend granting the relief sought in this application.

Notwithstanding our determination, applicant may wish to pursue relief  that
may be available under Section 526 of the Fiscal Year 1996 National  Defense
Authorization Act.  Under this provision of law, a request for upgrade of  a
previously awarded decoration  may  be  submitted  through  a  congressional
member for consideration.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of material error  or  injustice;  that  the  application  was
denied without a personal appearance; and that the application will only  be
reconsidered upon the submission of newly discovered relevant  evidence  not
considered with this application.

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The following members of the Board considered AFBCMR Docket Number  BC-2005-
02511 in Executive Session on 16 Nov 05, under the  provisions  of  AFI  36-
2603:

      Mr. Laurence M. Groner, Panel Chair
      Mr. Wallace F. Beard, Jr., Member
      Mr. Terry L. Scott, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 Aug 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 21 Sep 05.
    Exhibit D.  Letter, SAF/MRBR, dated 30 Sep 05.
    Exhibit E.  Letter, Applicant, dated 24 Oct 05, w/atchs




                                   LAURENCE M. GRONER
                                   Panel Chair